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BYNUM EX REL. BOYETTE v. NASH-ROCKY MOUNT BD. OF EDUC.

No. COA08-823.

673 S.E.2d 880 (2009)

Antwan BYNUM, By and Through his Guardian Ad Litem, Wayne BOYETTE, and Anita Bynum, Plaintiffs, v. The NASH-ROCKY MOUNT BOARD OF EDUCATION, Defendant.

Court of Appeals of North Carolina.

March 17, 2009.

Attorney(s) appearing for the Case

Taylor Law Office, by W. Earl Taylor, Jr., Wilson, for plaintiff-appellants.

Valentine, Adams, Lamar, Murray, Lewis and Daughtry, LLP, by Lewis W. Lamar, Jr., Nashville, for defendant-appellee.

STEELMAN, Judge.

Where the clear and unambiguous language of defendant's insurance policy defined "damages" to include interest as authorized by North Carolina statutory law, the trial court erred in concluding that interest on plaintiffs' judgment was prohibited by North Carolina case law.

I. Factual and Procedural Background

On 14 February 2006, Antwan Bynum, the minor plaintiff, was a student in the fifth grade at Benvenue Elementary School...

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